- (1.) This Special Appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules against the judgment and order dated 23 January 2018 by which the writ petition filed by the appellant for quashing the notice dated 28 September 2017 issued by the respondent-U.P. Sahkari Gramin Vikas Bank Limited, Agra for payment of the balance amount of Rs.3,25,000/- against loan bearing No.JD-12/25 taken for dairy purpose, has been dismissed.
(2.) It transpires from the records of the writ petition that the petitioner had taken two loans from the respondent-Bank. The first loan bearing No.JD-12/25 for Rs.70,000/- was for dairy purpose and the second loan bearing No.JD-12/26 for Rs.1 lac was for tent business. A notice dated 5 February 2016 was issued by the respondent-Bank for recovery of the loan against JD-12/26 that was for tent business. The petitioner had filed Writ-C No.30371 of 2016 to assail the said notice but, in view of the statement made by learned counsel for the petitioner that the petitioner was ready to deposit the amount in installments, the writ petition was disposed of on 6 July 2016 giving liberty to the petitioner to deposit the amount in installments. It is stated that the amount was subsequently deposited and the loan account was closed on 20 July 2016.
(3.) The notice dated 28 September 2017 that was challenged by the petitioner in the writ petition out of which the present Special Appeal arises was in regard to the loan bearing no.JD-12/25 which the petitioner had taken for dairy purpose. This loan was for Rs.70,000/-. The learned Judge has not accepted the submission of learned counsel for the petitioner that the petitioner had deposited the loan amount towards both the loans.;